MUHAMMAD ABBAS and 2 others vs THE STATE
This matter arises from a criminal miscellaneous petition filed by Zahoor Hussain seeking suspension of his sentence and release on bail during the pendency of his appeal before the Lahore High Court. The core legal question concerns whether post-conviction bail should be granted to a convict attributed with holding the deceased while co-convicts inflicted fatal dagger blows, particularly where the medical evidence casts doubt on the manner of the assault and bad blood exists between the parties. The court held that since the petitioner was empty-handed, the physical possibility of the injuries being caused while he held the deceased required serious reconsideration, and given the delay in the appeal hearing, the petition should be allowed. The court laid down the principle that post-conviction bail may be granted where the medical evidence renders the prosecution's allegation of the overt act doubtful and there is no likelihood of an early hearing of the main appeal.
- Whether post-conviction bail can be granted when the medical evidence renders the prosecution's version regarding the role of the accused doubtful?
- Does the absence of early hearing prospects for a criminal appeal constitute a valid ground for suspension of sentence and grant of bail?
ORDER
Criminal Miscellaneous No,1 of 2006 ' Through this miscellaneous petition Zahoor Hussain petitioner-appellant has sought suspension of his sentence and release on bail during the pendency of his appeal before this Court.
2. After hearing the learned counsel for the parties and going through the judgment passed by the learned trial Court we have straightaway observed that admittedly the petitioner was empty- handed during the alleged occurrence and he had not caused any injury to any person during the same. According to the prosecution the petitioner had taken the deceased in his clasp and had, thus, facilitated one of his co-convicts in inflicting injuries upon him with a dagger. The seats of the injuries sustained by the deceased prima facie render it doubtful that the said injuries could have been caused to the deceased when he was in the clasp of another. The petitioner happens to be a real brother of his two co-convicts. Admittedly there was bad blood between the parties and, thus, the question regarding spreading the net wide by the complainant party to the extent of the petitioner as also the question regarding vicarious liability of the petitioner shall require serious reconsideration at the time of hearing of the main appeal. The petitioner had been convicted and sentenced by the learned trial Court about two and a half years ago and there is no prospect of any early hearing of the main appeal. This miscellaneous petition is, therefore, allowed, the sentence passed by the learned trial Court against the petitioner is suspended and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.